Maureen Flynn v. Gloucester, City of - City Clerk (SPR 20230203)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records February 10, 2023 SPR23/0203 Joanne M. Senos, CMC City Clerk City of Gloucester Records Access Officer 9 Dale Avenue Gloucester, MA 01930 Dear Ms. Senos: I have received the petition of Maureen Flynn appealing the response of the City of Gloucester (City) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On January 4, 2023, Ms. Flynn requested, “…police details/services provided to the carnival/St. Peter’s Fiesta in conjunction with Fiesta Shows aka Dean & Flynn. Records requested are for requests for services by the police department, invoices and payment information.” The City provided responses on January 12, 2023 and January19, 2023. Unsatisfied with the responses, Ms. Flynn petitioned this office and this appeal, SPR23/0203, was opened as a result. The Public Records Law The Public Records Law strongly favors disclosure by creating a presumption that all governmental records are public records. G. L. c. 66, § l0A(d); 950 C.M.R. 32.03(4). “Public records” is broadly defined to include all documentary materials or data, regardless of physical form or characteristics, made or received by any officer or employee of any agency or municipality of the Commonwealth, unless falling within a statutory exemption. G. L. c. 4, § 7(26). It is the burden of the records custodian to demonstrate the application of an exemption in order to withhold a requested record. G. L. c. 66, § 10(b)(iv); 950 C.M.R. 32.06(3); see also Dist. Attorney for the Norfolk Dist. v. Flatley, 419 Mass. 507, 511 (1995) (custodian has the burden of establishing the applicability of an exemption). To meet the specificity requirement a custodian must not only cite an exemption, but must also state why the exemption applies to the withheld One Ashburton Place, Room 1719, Boston, Massachusetts 02108 • (617) 727-2832• Fax: (617) 727-5914 sec.state.ma.us/pre • pre@sec.state.ma.us

Joanne M. Senos, CMC SPR23/0203 Page 2 February 10, 2023 or redacted portion of the responsive record. If there are any fees associated with a response a written, good faith estimate must be provided. G. L. c. 66, § 10(b)(viii); see also 950 C.M.R. 32.07(2). Once fees are paid, a records custodian must provide the responsive records. The City’s Responses In its January 12, 2023 response, the City provided invoices. On January 19, 2023, the City provided copies of checks. Current appeal In her appeal, Ms. Flynn states, “…the two checks are only a fraction of what shows in the printout invoices originally provided. My requests for payment records to match the invoices have been ignored.” In light of the claim made by Ms. Flynn, it is unclear if the City possesses additional records that may be responsive to the request. The duty to comply with requests for records extends to those records that exist and are in the possession, custody, or control of the custodian of records at the time of the request. See G. L. c. 66, § 10(a)(ii). To the extent that responsive records exist, I find the City must provide them in a manner consistent with the Public Records Law or identify an exemption that applies to withhold the records from disclosure. G. L. c. 66, § 10(b). Conclusion Accordingly, the City is ordered to provide Ms. Flynn with a response to the request, provided in a manner consistent with this order, the Public Records Law and its Regulations within 10 business days. A copy of any such response must be provided to this office. It is preferable to send an electronic copy of this response to this office at pre@sec.state.ma.us. Sincerely, Manza Arthur Supervisor of Records cc: Maureen Flynn